Terms of Use

Updated: April, 2016

Collection and use of personal information

TouchBistro Inc. (“TouchBistro”, “we”, “us” and terms of similar meaning) provides the TouchBistro Application, its web site www.touchbistro.com (the “Site”), and all associated services and add-ons including third party services (collectively the “TouchBistro Services”) to you subject to the Terms and conditions of use (the “Terms”). These Terms apply to: (i) your use of the TouchBistro Services; (ii) the use of TouchBistro Services by third parties authorized through your TouchBistro account to use the TouchBistro Services and your User Content (as defined below) through the TouchBistro Services; and (iii) the use by such authorized users of any additional software, hardware or other services provided, referred, or recommended by us or third parties as part of or for use with the TouchBistro Services.

Please read the Terms carefully before using TouchBistro Services. By accessing, using or continuing to use TouchBistro Services you agree to be legally bound by the Terms and all terms, policies and guidelines incorporated by reference into the Terms. If you do not agree with the Terms in their entirety, you may not use TouchBistro Services.

In the Terms, our customers and their staff members to whom they give “staff” access to their TouchBistro account are called “Subscribers”, and our customers’ customers who use TouchBistro Services (for example, to view or use TouchBistro Services designed for use by those parties) are called “Customers”.   Users of TouchBistro Services, whether they are Subscribers or Customers, are called “Users”.

You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of TouchBistro Services. The Terms will always show the ‘last updated’ date at the top. If you do not agree to any amended Terms, you must stop using TouchBistro Services. If you have any questions about the Terms, please email us at info@TouchBistro.com.

TouchBistro Services are for your own use only. You may not resell, host, publish, lease or provide them in any other way to anyone else, except as expressly permitted.

1. Privacy Policy

Please refer to TouchBistro’s Privacy Policy, available at www.touchbistro.com/Home/Privacy for information on how TouchBistro collects, uses and discloses personally identifiable information from Users. By using TouchBistro Services you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy. Furthermore, as a Subscriber, you agree to establish and maintain a privacy policy that complies with local laws in your jurisdiction and that is consistent with the TouchBistro Privacy Policy. You agree that TouchBistro may collect, maintain and use non-personally identifiable data including User Content in aggregated form for its business purposes, including the improvement and enhancement of its services and you grant TouchBistro an irrevocable, perpetual, non-exclusive right to use such data for such purposes.

2. Registration Data; Account Security

If you register for an account on TouchBistro Services, you agree to (a) provide and maintain accurate, current and complete information as may be prompted by any registration forms on TouchBistro Services (“Registration Data”); (b) maintain the security of your password/s; (c) maintain and promptly update the Registration Data, and any other information you provide to TouchBistro, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information or data you provide to TouchBistro or through the TouchBistro Services. You are responsible for all activity on your TouchBistro account, and for charges incurred by your TouchBistro account.

3. Fees; Charges; Taxes

Fees and any other charges for the use of TouchBistro Services are described on the Site. They may change from time to time. If they do change, your continued use of TouchBistro Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

You are responsible for all taxes applicable to the fees and charges in any applicable jurisdiction.

All pre-paid license, subscription, or other fees are non-refundable.

4. Ownership, Copyright and Trademarks

In the Terms the content available through TouchBistro Services, including all information,  content, data, logos, marks, interfaces, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “TouchBistro Content”. Content provided by Users, whether they are Subscribers, Customers or other Users, is called “User Content”. For example, data about its Customers and that a Subscriber provides to TouchBistro is User Content of that Subscriber, data about its payments, menu, or operations that a Customer provides to TouchBistro is User Content of that Customer, and Content that a User enters into any TouchBistro database is User Content of the User.

User Content is that User’s property. TouchBistro’s only right to that User Content is the limited licenses to it granted in the Terms.

Other than the User Content, all Content and all software available on TouchBistro Services or used to create and operate TouchBistro Services is the property of TouchBistro or its licensors, and is protected by Canadian and international patent, trademark, and copyright laws, and all rights to TouchBistro Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in TouchBistro Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation of them by TouchBistro.

If you authorize third parties to access your User Content through TouchBistro Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for their use of such User Content.

Without limiting the generality of the foregoing, you are responsible for all business continuity, data loss, business interruption, or other risks that may arise out of your use of TouchBistro Services. TouchBistro denies, disclaims, and waives any liability for any loss that may occur arising through use of TouchBistro Services, including, but not limited to, loss of data, business interruption, incorrect calculation of any amount, including taxes or amounts due from your customers, or loss of customer goodwill.

TouchBistro Services are provided on an “as is” basis. You acknowledge and accept all risks associated with using TouchBistro Services and release TouchBistro from any claim or liability in relation thereto.

Your data and User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people.

 

We do not claim any ownership interest or rights in your User Content except as provided for under the Terms, but we do need the right to use your User Content to the extent necessary to provide TouchBistro Services, now and in the future.

Therefore, by posting or distributing User Content to or through TouchBistro Services, you (a) grant TouchBistro and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which TouchBistro Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through TouchBistro Services; and (ii) the use and posting or other transmission of such User Content does not violate the Terms and will not violate any rights of or cause injury to any person or entity.